САОСИГУРАЊЕ КАО ПРАВНИ ОДНОС
JOINT INSURANCE AS A LEGAL RELATION(SHIP)

Summary/Abstract: Joint insurance is a contractual relation(ship) between the contractor of insurance and a number of insurers, which have agreed to undertake the same risk relating to the same object of insurance, for the same period, with the insurers each participating in that risk with a share, up to a certain amount. Joint insurance is very similar to multiple insurance, but with one essential difference. Multiple insurance consists of as many legal relation (ships) as there are insurers. However, in the case of joint insurance, there is only one contractual relation(ship). All joint insurers enter into one contract of insurance with the contractor of insurance. Only one insurance policy is issued. Besides that, multiple insurance may exist only if the aggregate amount of insurance does not exceed the value of the insured object. In contrast to that, joint insurance may be in the form of double insurance as well, if the aggregate amount for which the joint insurers have made their undertaking is higher than the value of the insured object. Joint insurance may be performed in three ways: in the ad-hoc way, through the agency of the leading insurer, and in the form of a pool(consortium). There are two forms of pooled joint insurance: pools without the capacity of legal person, and pools having the capacity of legal person. The relation(ship) between the insured and the joint insurers may be regulated in two ways: firstly, this relation(ship) may be regulated in such a way to have each joint insurer paying to the insured only a portion of the insurance compensation; secondly, the relation (ship) between the insured and the insurers may be regulated in such a way to have all of the joint insurers severally pay out the insurance compensation to the insured in case of occurrence of the insured event. If any one of the joint insurers has had to pay to the insured more than the equivalent of his portion, he has the right of recourse toward the other joint insurers.

• Details
• Contents